Skip to Navigation | Skip to Main Content | Skip to Site Map

MyFloridaHouse.gov | Mobile Site

Senate Tracker: Sign Up | Login

The Florida Senate

2022 Florida Statutes (including 2022C, 2022D, 2022A, and 2023B)

Title XXX SOCIAL WELFARE
Chapter 409 SOCIAL AND ECONOMIC ASSISTANCE Entire Chapter
SECTION 1664
Adoption benefits for qualifying adoptive employees of state agencies, veterans, servicemembers, and law enforcement officers.
F.S. 409.1664
409.1664 Adoption benefits for qualifying adoptive employees of state agencies, veterans, servicemembers, and law enforcement officers.—
(1) As used in this section, the term:
(a) “Child within the child welfare system” has the same meaning as provided in s. 409.166(2).
(b) “Law enforcement officer” has the same meaning as provided in s. 943.10(1).
(c) “Qualifying adoptive employee” means a full-time or part-time employee of a state agency, a charter school established under s. 1002.33, or the Florida Virtual School established under s. 1002.37, who is not an independent contractor and who adopts a child within the child welfare system pursuant to chapter 63 on or after July 1, 2015. The term includes instructional personnel, as defined in s. 1012.01, who are employed by the Florida School for the Deaf and the Blind, and includes other-personal-services employees who have been continuously employed full time or part time by a state agency for at least 1 year.
(d) “Servicemember” has the same meaning as in s. 250.01(19).
(e) “State agency” means a branch, department, or agency of state government for which the Chief Financial Officer processes payroll requisitions, a state university or Florida College System institution as defined in s. 1000.21, a school district unit as defined in s. 1001.30, or a water management district as defined in s. 373.019.
(f) “Veteran” has the same meaning as in s. 1.01(14).
(2) A qualifying adoptive employee, veteran, or servicemember who adopts a child within the child welfare system who is difficult to place as described in s. 409.166(2)(d)2. is eligible to receive a lump-sum monetary benefit in the amount of $10,000 per such child, subject to applicable taxes. 1A law enforcement officer who adopts a child within the child welfare system who is difficult to place as described in 2s. 409.166(2)(d)2. is eligible to receive a lump-sum monetary benefit in the amount of $25,000 per such child, subject to applicable taxes. A qualifying adoptive employee, veteran, or servicemember who adopts a child within the child welfare system who is not difficult to place as described in s. 409.166(2)(d)2. is eligible to receive a lump-sum monetary benefit in the amount of $5,000 per such child, subject to applicable taxes. 3A law enforcement officer who adopts a child within the child welfare system who is not difficult to place as described in 2s. 409.166(2)(d)2. is eligible to receive a lump-sum monetary benefit in the amount of $10,000 per each such child, subject to applicable taxes. A qualifying adoptive employee of a charter school or the Florida Virtual School may retroactively apply for the monetary benefit provided in this subsection if such employee was employed by a charter school or the Florida Virtual School when he or she adopted a child within the child welfare system pursuant to chapter 63 on or after July 1, 2015. A veteran or servicemember may apply for the monetary benefit provided in this subsection if he or she is domiciled in this state and adopts a child within the child welfare system pursuant to chapter 63 on or after July 1, 2020. A law enforcement officer may apply for the monetary benefit provided in this subsection if he or she is domiciled in this state and adopts a child within the child welfare system pursuant to chapter 63 on or after July 1, 2022.
(a) Benefits paid to a qualifying adoptive employee who is a part-time employee must be prorated based on the qualifying adoptive employee’s full-time equivalency at the time of applying for the benefits.
(b) Monetary benefits awarded under this subsection are limited to one award per adopted child within the child welfare system.
(c) The payment of a lump-sum monetary benefit for adopting a child within the child welfare system under this section is subject to a specific appropriation to the department for such purpose.
(3) A qualifying adoptive employee must apply to his or her agency head, or to his or her school director in the case of a qualifying adoptive employee of a charter school or the Florida Virtual School, to obtain the monetary benefit provided in subsection (2). A veteran or servicemember must apply to the department to obtain the benefit. A law enforcement officer must apply to the Department of Law Enforcement to obtain the benefit. Applications must be on forms approved by the department and must include a certified copy of the final order of adoption naming the applicant as the adoptive parent. Monetary benefits shall be approved on a first-come, first-served basis based upon the date that each fully completed application is received by the department.
(4) This section does not preclude a qualifying adoptive employee, veteran, servicemember, or law enforcement officer from receiving adoption assistance for which he or she may qualify under s. 409.166 or any other statute that provides financial incentives for the adoption of children.
(5) Parental leave for a qualifying adoptive employee must be provided in accordance with the personnel policies and procedures of his or her employer.
(6) The department may adopt rules to administer this section. The rules may provide for an application process such as, but not limited to, an open enrollment period during which qualifying adoptive employees, veterans, servicemembers, or law enforcement officers may apply for monetary benefits under this section.
(7) The Chief Financial Officer shall disburse a monetary benefit to a qualifying adoptive employee upon the department’s submission of a payroll requisition. The Chief Financial Officer shall transfer funds from the department to a state university, a Florida College System institution, a school district unit, a charter school, the Florida Virtual School, or a water management district, as appropriate, to enable payment to the qualifying adoptive employee through the payroll systems as long as funds are available for such purpose.
(8) To receive an approved monetary benefit under this section, a veteran or servicemember must be registered as a vendor with the state.
(9) Each state agency shall develop a uniform procedure for informing employees about this benefit and for assisting the department in making eligibility determinations and processing applications. Any procedure adopted by a state agency is valid and enforceable if the procedure does not conflict with the express terms of this section.
History.—s. 6, ch. 2015-130; s. 1, ch. 2017-140; s. 1, ch. 2020-22; s. 3, ch. 2022-23; s. 5, ch. 2022-55; s. 25, ch. 2022-183.
1Note.—This sentence was added by s. 3, ch. 2022-23. The words “is difficult to place as” were substituted by the editors for the words “has special needs” to conform to the amendment of existing text in s. 409.1664(2) by s. 5, ch. 2022-55.
2Note.—Substituted by the editors for a reference to s. 409.166(2)(a)2. to conform to the redesignation of subunits by s. 4, ch. 2022-55, and the amendment of the cross-references in s. 409.1664(2) by s. 5, ch. 2022-55.
3Note.—This sentence was added by s. 3, ch. 2022-23. The words “is not difficult to place as” were substituted by the editors for the words “does not have special needs” to conform to the amendment of existing text in s. 409.1664(2) by s. 5, ch. 2022-55.